- Equal Educational Opportunities
- Violence Against Women and Girls
- Litigation Case Document
Legal Momentum served as counsel in this case.
Legal Momentum filed this Complaint to the U.S. Department of Education Office for Civil Rights Boston Office pursuant to the Clery Act, 20 U.S.C. § 1092(f) on behalf of a student at Brown University who was sexually assaulted on campus. The Clery Act requires education programs and activities participating in the federal student financial aid and work-study programs to have and publicize “[p]rocedures students should follow if a sex offense occurs, including who should be contacted, the importance of preserving evidence as may be necessary to the proof of criminal sexual assault, and to whom the alleged offense should be reported.” 20 U.S.C. § 1092(f)(8)(B)(iii).
In responding to the student's report of sexual misconduct, Brown University directed her to a health facility that was unequipped to preserve evidence of strangulation or assault, and failed to make clear that she could file both a student misconduct complaint and a criminal complaint. In so doing, Brown violated the Clery Act by failing to explain adequately the importance of preserving evidence as may be necessary to the proof of criminal sexual assault or the procedures to follow in case of a sex offense.